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<br />accept an amendment to the current electric franchise ordinance substantially in the form of the <br />I <br />amendment attached as Exhibit A which amendment shall, at the election of the City, provide that <br /> <br />the Discretionary Services Charges identified in Section 6.1.2 of the Tariff for Retail Delivery <br /> <br />applicable to Oncor which are directly paid by the customer and which are those charges identified <br /> <br />as items DD1 through and inclusive ofDD24 in said tariff, shall be subject to an additional franchise <br /> <br />fee based on 4% of such charges which additional franchise fee shall be paid to the City pursuant to <br /> <br />the terms ofthe amendment attached as Exhibit A. The City acknowledges that Oncor may file with <br /> <br />the Texas Public Utility Commission and/or the City a tariff amendment in compliance with the <br /> <br />terms of this agreement, which will provide that Oncor shall have the right to collect from the <br /> <br />customer the franchise fee on such Discretionary Service Charges such that the customer shall bear <br /> <br />100% of the franchise fee on such Discretionary Service Charges. The City acknowledges that <br /> <br />Oncor is an intended third-party beneficiary ofthis agreement and agrees to cooperate with Oncor in <br /> <br />order for Oncor to pass through to customers the entire franchise fee on such Discretionary Service <br /> <br />Charges by taking the following actions: (i) to the extent the City acts as regulatory authority, by <br /> <br />adopting and approving that portion of any tariff in compliance with the terms of this Agreement <br /> <br />which provides for 100% recovery of such franchise fees; (ii) in the event the City intervenes in any <br /> <br />regulatory proceeding before a federal or state agency in which the recovery ofthe franchise fees on <br /> <br />such Discretionary Service Charges is an issue, the City will take an affirmative position supporting <br /> <br />the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such <br /> <br />regulatory proceeding in which the City has intervened, the City will take an affirmative position in <br /> <br />any such appeals in support ofthe 100% recovery of such franchise fees by Oncor. The City further <br /> <br />agrees not to take any action to prevent the recovery of the franchise fees on such Discretionary <br /> <br />Service Charges by Oncor and to take other action which may be reasonably requested by Oncor to <br /> <br />provide for the 100% recovery of such franchise fees by Oncor. <br /> <br />COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pal!e 2 <br />